Denied

NEW CUMBERLAND - A request by April Tanner for a pre-trial early release from jail was denied by Chief Judge Martin Gaughan of the First Judicial Circuit at a hearing Tuesday.

Tanner, 33, of Tip Top Alley, East Liverpool, was charged with first degree murder and burglary in the nighttime following the June 4 death of Rex Waugh of Newell.

Waugh died of injuries sustained during a burglary of his Grant Street home, in which Tanner allegedly went to Waugh's house to have sex with him while brothers Terrance and Michael Williams, of Avondale Street, East Liverpool, robbed him. During Terrance Williams' preliminary hearing, Hancock County Sheriff Mike White testified that Waugh was struck several times with something and succumbed to blunt force trauma.

Terrance Williams is currently in jail, and Michael Williams was found dead by police, who were in the process of issuing a search warrant at the Avondale Street house. It was later determined that Michael Williams died of a drug overdose.

No bond was issued in Tanner's case, as the charge of murder is a capital offense, but Tanner was interviewed by an agent of the Circuit Court's pre-trial release program.

"It's his opinion that she is not violent and is not a flight risk," said defense attorney David Barnabei of the agent's findings.

Barnabei recommended that Tanner be placed under home confinement at her sister's residence, adding that Tanner has two children "that do need to have their mother around if possible."

Jim Davis, Hancock County prosecuting attorney, argued that the report recommends that Tanner be assessed for violent tendencies and that Tanner has assault on her criminal record. Davis said the report also states that Tanner said she consumed alcohol at every opportunity, adding, "That doesn't sound like a person who should be out."

Davis also brought with him several letters by inmates who share a pod with Tanner, arguing that she should not be released, as well as a birthday card for someone in the prison that Tanner had signed "Love April, murderer," with a smiley face.

"Obviously she's taking this matter as a joke," said Davis.

Gaughan denied Tanner's release, saying her out of state residence and lack of ties to Hancock County created a situation where it would be easier for Tanner to run. "This being a very serious crime, we don't know what the outcome is going to be," Gaughan said.

Gaughan also cited the letters opposing Tanner's release as a factor, saying that her pod mates writing them "certainly says something about her."

Gaughan also ordered that Tanner be transferred to another pod when she is returned to jail. "This is not a disciplinary thing and is to protect her," Gaughan said, adding to Tanner that she should be more careful about what she says, as her fellow inmates could testify against her.

"Watch your behavior a little more closely in your new pod," Gaughan said.

Tanner was remanded to the custody of Northern Regional Jail.